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Legal Research Writing & Analysis
Words: 1611 Length: 6 Pages Document Type: Essay Paper #: 64483919
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This chapter is completed with further information on a legal analysis in chapter 12, which discusses the organization of the results of the research. The Honigsberg Grid is amply described as a useful instrument in such an organization.

Chapter 13 presents directions as to how a memorandum of law should be written, as well as some of its most important characteristics, notably the fact that this needs to be an objective piece of writing and has to follow a particular format. The chapter also provides a sample of such a memorandum. The notions presented in this chapter are completed in the subsequent chapter, which refers to writing a memorandum of points and authorities.

Finally, chapter 15 refers to how an opinion or client letter is written. The opinion letter is the formal way in which attorneys inform clients about certain legal aspects. As a formal instrument, such a letter has…

Legal and Ethical Concepts Learned
Words: 1004 Length: 3 Pages Document Type: Essay Paper #: 63432623
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ethical issues in the given case.

Jane, Brad, Eddie and Greg are stakeholders, to some extent, in the given case. Brad owns an organization, Eddie is its general manager, Greg is employed as one of the organization's many service technicians, and Jane is employed as the payroll department head. All service technicians, to a certain extent, are organizational stakeholders (LS312__FamilyBusiness , n.d). Therefore, all involved parties in the given case have some concern in the company or, were something to happen, a claim. Interest derives from business operations and task assignation.

Legal Analysis

This case involves the At-Will Employment law. In every state in the U.S., with the exception of the state of Montana, relationships with regard to employment are assumed as being "at-will." America is one among the few nations in the world in which the nature of employment is principally at-will. A majority of nations across the globe…

References

(n.d.). EEOC Home Page. Facts About Retaliation. Retrieved December 19, 2015, from  http://www.eeoc.gov/laws/types/facts-retal.cfm 

(n.d.). Legislative News, Studies and Analysis -- National Conference of State Legislatures. At-Will Employment - Overview. Retrieved December 18, 2015, from  http://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx 

(n.d). LS312_Unit2_FamilyBusiness

(n.d). Writer Thoughts

Undertaking Legal Research
Words: 576 Length: 2 Pages Document Type: Term Paper Paper #: 32129769
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Legal research as Putman and Albright (2014, p. 335) point out "is the part of legal analysis that involves finding the law that applies to the legal question raised by the facts of a client's case." As the authors further point out, there is no magic formula when it comes to the conduction of legal research. There is no 'one best way' of conducting legal research. It is with this in mind that I develop my own three step legal research strategy.

My Three (3) Step Legal esearch Process

Analysis and Planning

As far as legal research is concerned, Elias (2012, p. 69) is of the opinion that one ought to have a clear idea of that which he or she would want to accomplish. In this particular stage, I would concern myself with not only the identification of the case's key facts, but also the establishment of the various…

References

Elias, S. (2012). Legal Research: How to Find & Understand the Law (16th ed.). Berkeley, California: Nolo.

Putman, W. & Albright, J. (2014). Legal Research. Stamford, CT: Cengage Learning.

Yelin, A.B. & Samborn, H.V. (2008). The Legal Research and Writing Handbook: A Basic Approach for Paralegals (5th ed.). New York, NY: Aspen Publishers Online.

Legal Writing Honigsberg's Compilation From
Words: 362 Length: 1 Pages Document Type: Essay Paper #: 76085541
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Secondary research methods and outlets as well as support agencies are examined here. This part is also strengthened by consideration of online outlets for examination of the often fast-paced change in status of certain legal questions.

Somewhat of an anomaly is the placement hereafter of several chapters relating to how best to read and analyze sources and cases. It would seem more consistent with the pacing of this work to place these segments just prior to or after the case law section.

Returning to a sensible structure, the text turns thereafter to consideration of the legal writing field. Offering basic guidelines, tips on structural organization, discussion on point by point segments of legal writing and even discussion on such legal correspondences as opinions and client letters, the text ultimately serves as a rather thorough introduction to effective understanding and practice of legal writing.

orks Cited

Honigsberg, P.J. (2002). Gilbert Law…

Works Cited

Honigsberg, P.J. (2002). Gilbert Law Summaries: Legal Research, Writing & Analysis. Harcourt Legal & Professional Publications, 9th Edition.

Legal Immigration Is Good for the United States
Words: 1929 Length: 6 Pages Document Type: Research Paper Paper #: 81889468
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Legal Immigration Is Good for the United States

With the United States opening its boarders to thousands of legal immigrants each year, immigration has become one of the most hotly debated issues in the country. However, what has largely fueled this debate has to do with the impact of both illegal and legal immigrants on the United States' economy, crime rates as well as education and environment. While some continue to advocate for the reduction of immigration within the U.S., others are of the opinion that legal immigration impacts positively on the U.S. In terms of diversity and economic gains amongst other unique benefits. It is important to note that when legal immigration is viewed from a critical perspective, the United States does benefit greatly from the same. This text will clearly and concisely highlight some of these benefits.

Immigration in the United States: An Overview

Considered a complex demographic…

References

Arnold, K.R. (2011). Anti-Immigration in the United States: A Historical Encyclopedia. California: ABC-CLIO.

Estrom, P. (2007, June 7). Immigration: Google makes Its Case. Retrieved February 12th, 2012, from Business Week website:  http://www.businessweek.com/bwdaily/dnflash/content/jun2007/db20070606_792054.htm 

Geigenberger, J. (2008). The lasting Value of Legal Immigration for the United States of America. Norderstedt Germany: GRIN Verlag.

Griswold, D. (2009, July 21). As Immigrants Move in, Americans Move Up. Retrieved February 14th, 2012, from CATO Institute website:  http://www.cato.org/pub_display.php?pub_id=10650

Legal Formalism & Legal Realism
Words: 1260 Length: 4 Pages Document Type: Essay Paper #: 1506425
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The Case of the Speluncean Explorers is a book which describes various perspectives of interpreting the law as well as what is right (moral). While Fuller invents a judicial case which involves both the moral values and the laws in the most challenging way, Peter Suber tries to make an analysis that will respond to all the key aspects of the scenario.

It is worth underlining that Fuller created enough elements in order to have sufficient arguments for both acquittal and conviction, depending on the perspective.

The rule of the judges was difficult because they were actually compelled to define what "good" was. Good is an universal value which everybody understands. However, sometimes only some can benefit from certain advantages while others can not. When life is the advantage at stake, things become even more difficult, as life is the very value of men and the most priced possession. Can…

Bibliography

Suber, Peter. The case of the Speluncean Explorers: Nine new opinions. Routeledge, 1998

The natural law tradition in ethics." Stanford encyclopaedia of philosophy. 11 March 2008. 17 November 2008.  http://plato.stanford.edu/entries/natural-law-ethics

Legal Structure and Management of a National Level Sporting Organization
Words: 2976 Length: 10 Pages Document Type: Essay Paper #: 85378424
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Legal Structure and Management of a National Level Sporting Organisation

Sports activities in the world today are becoming more popular and are attracting huge crowd. This is one of the reasons that have made sponsors to come in so as to help such clubs that are not able to support themselves financially. Through sponsoring, the sponsor is able to market and advertise its products within the stadium where the club is playing among other benefits. It is worth noting that sports are viewed as a means of income to each stakeholder including the players. Essendon football club has made Australia to be known worldwide because of the good performance the club has exhibited over the years.

Essendon Football Club is rated as a dynamic world class club in the Australian sporting arena. The success and competitiveness of the club is dependant on its set legal structure and proper management that…

References

Books, H. 2011. Articles on Essendon Football Club Including: List of Essendon Football Club, Honours, Anzac Day Class. America, AM: Hephaestus Books.

Bools, L., & LLC, G.B. 2010. Essendon Football CLub: Essendon Football Club, List of Essendon Football CLub Honours. United States, U.S.: General Books LLC.

Clark, T. 2007. Stick This in Your Memory Hole. Doncaster East Victoria, VIC: aduki independent press.

Devaney, J.P. 2009. Full Points Footy: Encyclopedia of Australian Football Clubs. Lincoln, LN: Lulu.com.

Legal Nurse Consultant Business Plan
Words: 5420 Length: 20 Pages Document Type: Term Paper Paper #: 24690003
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(Chizek, 2003)

The ole legal nurse consultant may provide service in a number of roles, including but not limited to:

Consulting expert

Testifying expert

Facility-based investigator

Trainer and in-service presenter

Peer reviewer

Quality improvement, risk management, claims management

Liability insurance marketer and clinical resource" (Chizek, 2003)

As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the event the facility is sued, these will be used to establish the current standard during the time of the questionable occurrence. Policies and procedures also provide the legal nurse consultant with the foundation for facility documentation to be judged for compliance. (Chizek, 2003)

The minimum length of time the modified policies and procedures should be kept is the time frame of the statute of limitations in the individual jurisdiction. In most jurisdictions,…

References

 http://www.questia.com/PM.qst?a=o&d=5001243047 

Brown, M.R. (1999, February). America's Most Wanted J-O-B-S. Black Enterprise, 29, 109.

Chizek, Mardy. "Can you use a legal nurse consultant? These specially trained and experienced nurses can be frontline protectors against liability suits. (Feature Article)." Nursing Homes, February 1, 2003.

Clark, Scott a.. "Keys on developing the best laid business plans," the Journal Record, April 12, 1999.

Legal Ethical Environment Type the Document Title
Words: 751 Length: 2 Pages Document Type: Research Paper Paper #: 62626936
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Legal Ethical Environment

[Type the document title]

Over the last several years, the mining industry has faced similar challenges. Part of the reason for this is because of the increase in demand for a host of different raw materials. In the case of Rio Tinto and HP illiton, they are facing similar challenges from various safety issues. elow we will examine how both companies are addressing this underlying problem. (Goodman, 2004)

Identify two firms with similar problems but from different countries

Two firms that are facing similar challenges that are from different countries include: Rio Tinto (based out of the UK) and HP illiton (headquartered in Australia). Where, they are wrestling with how to improve mine safety, due to a series of accidents that have occurred.

Conduct a comparative analysis of the firms

The two firms are facing increasing pressure to improve mine safety standards because of a number of…

Bibliography

Australian Mine Disaster. (1998). Mine Web. Retrieved from:  http://www.mineweb.com/mineweb/view/mineweb/en/page67?oid=80326&sn=Detail 

Goodman, P. (2004). Booming China Devouring Raw Materials. Washington Post. Retrieved from:  http://www.washingtonpost.com/wp-dyn/articles/A43765-2004May20.html 

Perrin, C. (2010). Rio Tinto Spends More. IB Times. Retrieved from:  http://www.ibtimes.com/articles/85861/20101126/rio-tinto-spends-more-for-underground-mine-safety.htm 

Stevens, M. (2007). African Deaths Highlight BHP Mine Safety Problems. The Australian. Retrieved from:  http://www.theaustralian.com.au/news/african-deaths-highlight-bhps-safety-problems/story-e6frg77f-1111115202285

Legal Aspects of Opening a
Words: 3863 Length: 12 Pages Document Type: Research Paper Paper #: 67676155
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Partnerships demand that all partners (both general and limited partners) be on the same page financially and within the scope of the business operations. They require shared a goal and vision for the entity, and a mutual understanding of each owner's role and the parameters for exerting control. Perpetual lines of communication must be available for all parties in response to changing dynamics and the occurrence of unforeseen events. This is particular relevant in the restaurant industry, where consumers have many choices and often make them based on little substance

. The restaurant industry is fraught with sudden changes, which can require added attention, effort and capital in a short period of time. Therefore, a thorough understanding of the roles of each owner, be they a general or limited partner, is essential to a properly functioning partnership.

Additionally, effective partnerships require regular meetings and reviews of all business operations, and…

References

Astrachan, J. (2003). Family Business' Contribution to the U.S. Economy: A Closer

Look. Family Business Review, vol. 17:3. p 211-219. (Retrieved from google scholar. Keywords: sole, proprietorship, owner, entrepreneurship)

Auty, S. (1992). Consumer Choice and Segmentation in the Restaurant Industry. The Service Industries Journal. vol. 12 (3). p 324-339. Retrieved from informaworld.com (Keywords: restaurant, corporation, consumer)

Baysinger, B. & Butler, H. (1985). Corporate Governance and the Board of Directors:

Legal Remedies the First Issue
Words: 1779 Length: 5 Pages Document Type: Term Paper Paper #: 26832791
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Furthermore, Jones will not be entitled to recover damages for mental distress in the amount of $1 Million. Damages for mental distress are generally not appropriate in the context of a contract dispute. Furthermore, damages for mental distress are generally limited to situations where the behavior of one party is extremely outrageous. Due to these limitations, absent information that would lead one to believe that Black engaged in behavior that was specifically intended to harass Jones, damages for mental distress are inappropriate in this case.

However, Jones is entitled to receive damages above and beyond his restitution interest and punitive damages. In general, a prevailing party is entitled to court costs and reasonable legal fees. Therefore, as the prevailing party, Jones is entitled to recover the amount of money he was forced to expend to pursue his remedies. However, Jones may not be entitled to recover the actual amount he…

Works Cited

Security Stove & Mfg. Co. v. American Ry. Express Co., 51 S.W. 2d 572 (Mo. Ct. App. 1932).

Sheridan v. Sheridan, 247 N.J. Super. 552, 589 A.2d 1067 (1990).

Sturm, Ruger & Co., Inc. v. Day, 594 P.2d 38 (Alaska 1979).

Vermont Women's Health Center v. Operation Rescue, 159 Vt. 141, 617 A.2d 411 (1989).

Legal Aspects of Healthcare in
Words: 1908 Length: 5 Pages Document Type: Term Paper Paper #: 84121952
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Attorneys, however, note that the suits are reflective of an increase in negligent doctors, who are hard pressed to serve a larger and more demanding patient load. Medical care is more costly and it is true that doctors fail to establish bedside relationships with their patients. Others point out that problems lie at the door of the insurance industry and management of hospitals (Committee, p. 1).

Because we discovered the problem in time, Mr. Jones was able to apologize and explain to the patients affected concerning the true nature of his outbursts. They did not have to pay for their treatment and none of them brought lawsuits against Mr. Jones or the hospital. We retained Mr. Jones, but advised him to notify the management if it appeared that there might be future outbursts. It is true that hospitals are much more diligent today because of risk management practices. Because of…

References

Abbott, R.L., Weber, P. And Kelley, B. (2005). Medical professional liability insurance and its relation to medical error and healthcare risk management for the practicing physician. American Journal of Ophthalmology. Vol. 140(6).

Committee to Study Medical Professional Liability and the Dellivery of Obstetrical Care, Institute of Medicine. (1989). Medical Professional Liabilityand the Delivery of Obstetrical Care: Vol I. Washington, D.C.: National Academy Press.

Grol, R. (2001). Improving the quality of medical care: Building bridges among professional pride, payer profit, and patient satisfaction. Journal of the American Medical Association. Vol. 286(20). 28 Nov 2001.

Harris, G. (2006). Senators to unveil new drug safety proposals. The New York Times. 21 Jun 2006. Retrieved January 14, 2008 at  http://www.nytimes.com/2006/06/21/health/policy/21fda.html?_r=2&adxnnl=1&oref=slogin&adxnnlx=1200373850-0PNMhVh8RDTFqV4OOSZCpQ .

Legal Implications for International Expansion
Words: 2404 Length: 9 Pages Document Type: Research Proposal Paper #: 36869704
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" (Lee, 2009)

Core labor standards are stated by Lee (2009) to be "more or less the basic labor rights: that is, the International Labor Organization (ILO) core labor standards that have been confirmed by the UN Global Compact and adopted or discussed by the GRI and ISO 26000." (Lee, 2009) Those standards include the following: (1) a guarantee of the three labor rights (organizing, collective bargaining, and collective action) based on freedom of association, (2) a ban on forced labor, (3) a ban on child labor, and (4) no discrimination in labor. (Lee, 2009) Stated as important secondary standards are those as follows: (1) responsibility for employment; (2) industrial safety and health; and (3) training and education. (Lee, 2009) Lee states that western multinational companies "...are capable of investment, innovation, and reporting for SR, because they have been exposed to the CSR movement for some time. Thus companies in…

Bibliography

Malaysia (2009) Office of the United States Trade Representative. 8 Oct. 2009. Online available at:  http://www.ustr.gov/countries-regions/southeast-asia-pacific/malaysia 

Thailand (2009) Office of the United States Trade Representative. http://www.ustr.gov/countries-regions/southeast-asia-pacific/thailand 

Singapore (2009) Office of the United States Trade Representative. http://www.ustr.gov/countries-regions/southeast-asia-pacific/singapore 

Hong Kong (2009) Office of the United States Trade Representative. http://www.ustr.gov/countries-regions/china/hong-kong

Exxon Valdez Case Analysis Common
Words: 3133 Length: 10 Pages Document Type: Research Proposal Paper #: 72188550
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Like most litigations on such complicated issues the company had little to do but show reasonable accommodation, adopt better surface practices and wait out a lengthy period before their liability was reduced substantially by the courts.

Ethical analysis:

The key ethical issues of the case are pretty clear, did the captain knowingly endanger the environment by continuing to retain his position and navigate tankers through the area and did the company know that such was the case. Both ethical dilemmas are clear and were ruled upon by many hours of court time and subsequent appeals, though the final Supreme Court ruling on Exxon's liability for the spill was split 4:4 every other deciding body laid full responsibility on Exxon's lap. ("Exxon Valdez Damages educed," June 2008, NP). An additional ethical issue, though much less openly understood or known by the average American is weather it was ethical to pay fishermen…

References

Feinman, J.M. (2000). Law 101: Everything You Need to Know about the American Legal System. Oxford: Oxford University Press.

Exxon Valdez Damages Reduced," June 2008, Business Law Prof Blog Retrieved November 18, 2008.  http://lawprofessors.typepad.com/business_law/2008/06/on-wednesday-th.html 

Greely, J. (1989, May 29). Alaska over the Barrels: The Spills and Spoils of Big Oil. The Nation, 248, 721.

Jasanoff, S. (2006) "Transparency in Public Science: Purposes, Reasons, Limits." Law and Contemporary Problems 69.3, 21.

Gonzales vs Oregon Case Analysis
Words: 1338 Length: 5 Pages Document Type: Term Paper Paper #: 62398852
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According to eno congress had not intention "to displace the states as the primary regulators of the medical profession and as not to override a states' determination of that which "constitutes legitimate medical practice in the absence of a prohibitive federal law.

In November of 2001 Attorney-General Ashcroft "issued an interpretive rule, known as the Ashcroft Directive that reversed his predecessor's legal analysis of the conflict between the DWDA and the CSA." (Pew Forum on eligion & Public Life, 2005) The Ashcroft Directive "asserts the authority of the attorney general to identify and establish a uniform national definition of 'legitimate medical purpose' as used in the CSA and its implementing regulations" (Pew Forum on eligion & Public Life, 2005)

That very same year the Supreme Court made a decision in the case United States v. Oakland Cannabis Buyers' Coop. (2001) which gives weight to the Directive. Furthermore, the Office of…

References

Stevens, Kenneth R., Jr. M.D. (2005) Community Conversation Panel: Assisted Suicide v. Death with Dignity. University of Oregon Online available at http:.//wwww.pccef.org/articles/art42UofO.htm.

Supreme Court Considers Challenge to Oregon's Death with Dignity Act: Gonzales v. Oregon and the Right to Die (2005) The Pew Forum on Religion & Public Life. September 2005.

Hamilton, N. Gregory et al. (2005) Competing Paradigms of Response to Assisted Suicide Requests in Oregon. Physicians for Compassionate Care Educational Foundation Online available at  http://www.pccef.org/articles/art39.htm .

New Court Mulling Assisted-Suicide Law (2005) Catholic Sentinel 6 October 2005 Online available at  http://www.sentinel.org/articles/2005-40/14227.html .

Mris Legal and Scientific Review
Words: 5397 Length: 20 Pages Document Type: Term Paper Paper #: 2692818
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There are three types of stimuli used, which are:

1) Targets;

2) Irrelevant; and 3) Probes.

These are used "in the form of words, pictures, or sounds..." which a computer presents for a second or even a partial second. Incoming stimulus, if it is worth noting, results in a P-300, which is an electrical brain response. The P-300 is part of a MERMER or a memory and encoding related multifaceted electroencephalographic response, which is a larger brain response.

Originally event related potentials (ERP) was the method used for studying brain activity information processing. The limitation of the ERP is that it causes elimination of all patterns that are complex and results in the meaningful signals also being lost. The multifaceted electroencephalographic response analysis or MERA was developed due to the limitation of the ERP. Farwell found that incorporation of this technique resulted in the elicitation of MERMER when the individual…

Bibliography

Taylor, Erich (2007) a New Wave of Police Interrogation? Brain Fingerprinting, the Constitutional Privilege against Self-Incrimination and Hearsay Jurisprudence

WWW.jltp.uiuc.edu/works/Taylor.htm

Pope, Harrison (nd) the Emperor's Tailoring. FMS Foundation Newsletter. Online available at http://www.fmsfonline.org/fmsf96.d31.html

Stetler, Russell and Wayland, Kathleen (2004) Capital Cases - Dimension of Mitigation. June 2004. Online available at http://209.85.165.104/search?q=cache:8FdkQI0WFDsJ:www.fd.org/pdf_lib/Capital%2520CasesDimensions%2520of%2520Mitigation%2520Stetler.pdf+MRI:+forensics,+determination+of+guilt+or+innocence&hl=en&ct=clnk&cd=50&gl=us.

Starting Point for This Legal
Words: 836 Length: 3 Pages Document Type: Essay Paper #: 83329378
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It should also be pointed out that the Defendant, Mr. Taylor, warned the Plaintiff to not play with the dog and that Ms. Buffet openly admits that this is the case. The warning itself will not affect the issue of liability but it will impact on the measure of damages. As Ms. Buffet made no effort to play with the dog or otherwise interact with him the issue of the warning should have little impact on the case but it is something that must be considered.

II. Doctrine of Comparative Negligence Will Mitigate Damages

Assuming arguendo that the Plaintiff can prove negligence by the Defendant she must overcome the tenets of the Comparative Negligence doctrine.

As Florida follows pure comparative negligence she might still be able to recover damages but they would be diminished by how the contribution of fault is measured by the jury. For example, if the jury…

Hoffman v. Jones, 280 So.2d 287 (Fla. 1977)

Bessett v. Hackett, 66 So. 2d 694 (Fla. 1953)

Restatement of Torts (Second) §463

Starting Point of This Analysis
Words: 753 Length: 2 Pages Document Type: Discussion Chapter Paper #: 60772066
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v. Hughes, 1974). Under the postal rule, the date of posting would control and, assuming that Steven can provide proof that his posting was on or before June 8th he would again have an enforceable contract with Susan.

egardless of Steven's ability to prove the date of posting, Susan's June 5th agreement with Stephanie should be deemed unenforceable at least as it pertains to Steven's legal rights. Susan's actions run contrary to her original intent to keep the offer open for one week beginning on June 1st and her not only reaching an agreement, but also effecting delivery within the one week period should be ruled invalid. Under contract law, Susan had an obligation to convey her revocation of her offer to Steven and to do so in a form similar to how she conveyed her original offer. Her failure to do so keeps her original offer open as to…

References

Byrne . Van Tienhoven, LR 5 CPD 344 (Common Pleas 1880).

Carlill v. Carbolic Smoke Ball Co., 1 QB 256 (Court of Appeal 1893).

Empirnall Holdings Pty. Ltd. v. Machon Paull Partners Pty. Ltd., 14 NSWLR 523 (Court of Appeal Supreme Court 1988).

Holwell Securities Ltd. v. Hughes, 1 WLR 155 (Court of Appeal 1974).

E-Business and the Legal Issues
Words: 979 Length: 3 Pages Document Type: Term Paper Paper #: 73774321
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Unfortunately, online merchants could conceivably be responsible for complying with hundreds of laws in hundreds of countries (Country of Destination? (http://www.ecommercetimes.com/story/4218.html)."

One French judge has ordered Yahoo to find a way to stop French residents from gaining access to the Nazi memorabilia auctions that they have on the site. Yahoo fought the order and there is currently a mediation feasibility study being conducted to determine whether it is even technically possible to do.

At the time, Yahoo! senior vice president Heather Killen said, "This case opens up broader issues on Internet jurisdiction -- whether one country has the jurisdiction to regulate the content of Web sites in another country (Country of Destination? (http://www.ecommercetimes.com/story/4218.html)."

The Federal Trade Commission recommends that online companies let their customers know up front which nation's laws will apply in the case of a dispute.

The agency is also advocating setting up an Alternative Dispute esolution (AD)…

References

E-Business: Taking a hard look at legal issues

Birmingham Post; 6/7/2005

Risky e-Business.(legal issues for associations engaged in joint ventures with for-profits)

Association Management; 11/1/2000; GREIF, JOSEPH

EP Medsystems v Echocath Legal
Words: 580 Length: 2 Pages Document Type: Case Study Paper #: 50195986
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D. PP. 895). The remaining five items merit further scrutiny.

Misrepresentation

irst did DeBernardis make "a statement that either misrepresented or omitted a fact" (Textbook. N.D. PP. 895)? Yes, the multiple references to "imminent" contract signings over the period August 1996 to ebruary 1997, and specifically in phone calls from December 16-20, 1996 (indLaw.com. December 26, 2000. PP. 3) demonstrates that the CEO understood the importance of the MedSystem investment. An investment dependent on the execution of the major medical contracts, which he knew were not coming to fruition. More interesting though was the delivery of updated financial operating model statements on December 20, 1996 which projected a massive surge in sales from $852,000 in 1997 to $3,286,000 in 1998 (indLaw.com. December 26, 2000. PP. 3); key because these figures tie the medical contracts to revenues, as well as an articulation that "negotiations for these contracts are in process" (indLaw.com.…

First did DeBernardis make "a statement that either misrepresented or omitted a fact" (Textbook. N.D. PP. 895)? Yes, the multiple references to "imminent" contract signings over the period August 1996 to February 1997, and specifically in phone calls from December 16-20, 1996 (FindLaw.com. December 26, 2000. PP. 3) demonstrates that the CEO understood the importance of the MedSystem investment. An investment dependent on the execution of the major medical contracts, which he knew were not coming to fruition. More interesting though was the delivery of updated financial operating model statements on December 20, 1996 which projected a massive surge in sales from $852,000 in 1997 to $3,286,000 in 1998 (FindLaw.com. December 26, 2000. PP. 3); key because these figures tie the medical contracts to revenues, as well as an articulation that "negotiations for these contracts are in process" (FindLaw.com. December 26, 2000. PP. 3 ). Based on EchoCath's failure to deliver any contracts or income from these "imminent" contracts over the following 15 months, there is reason to assert that there was "no reasonable basis for a prediction and is a misstatement because the person who made it could not honestly have believed it" (Textbook. N.D. PP. 897).

Materiality

Next to materiality; which has several components. A misrepresentation is material "if there is a substantial likelihood that a reasonable shareholder would consider it important in deciding how to proceed" (Textbook. N.D. PP. 899). On its face MedSystem certainly "relied on the representations from EcoCath's CEO of 'imminent' contracts" (FindLaw.com. December 26, 2000. PP. 3) when they invested 1.4 million in the company. Yet, is EcoCath protected from material misrepresentations under Safe Harbor or the "bespeaks caution" doctrine which cover

Unethical/Criminal Conduct following the Equities Market Crash 2000 to 2002

This paper is a discussion of the identification and analysis of unethical and criminal conduct following the equities market crash from 2000 to 2002. The paper begins with an Introduction to the problem in Chapter One that also contains the hypothesis for the paper, the definition of terms section, and other valuable information. This information sets up the rest of the paper and gives rise to the belief that there was a great deal of unethical and criminal conduct in this country following this event.

A review of the literature follows in Chapter Two where information available about the issue will be presented and discussed. At least 60 sources will be analyzed in order to receive a complete picture of the issue. Chapter Three will then set up the methodology for analyzing this literature and determining what, if any, decision…

Works Cited

Arkes, R. 1991. Costs and Benefits of Judgment Errors." Implications for Debiasing, 110 PSYCHOL. BULL. 486, 486-87

Arlen, J. 1998. The Future of Behavioral Economic Analysis of Law, 51 VAND. L. REV. 1765, 1769

Arlen, J., Spitzer, M. & Talley, E. (2002). Endowment Effects Within Corporate Agency Relationships, 31 J. LEG. STUD. 1, 31

Bainbridge, SM. (2000)Mandatory Disclosure: A Behavioral Analysis, 68 U. CINN. L. REV. 1023, 1027

Legal Risk Arising From Wrongful Discharge What
Words: 1135 Length: 4 Pages Document Type: Essay Paper #: 36839483
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legal risk arising from wrongful discharge.

What liability and rights do NewCorp and Pat have in this situation? What legal principles -- such as statutory or case law -- support those liabilities and rights?

When it comes to the first scenario, it is clear that NewCorp fired Pat based upon the views that he expressed at a public gathering. While this cannot be directly proven, various pieces of circumstantial evidence are illustrating how this is the case. As, he was not given any kind of notification for: unsatisfactory behavior at work. This is important, because it means that the company does have a potential legal liability (based upon these actions).

Rule

The statutory rule that company is violating is the provisions of: intentional discrimination (under the Title VII of the Civil Rights Act of 1964). This states that it is illegal for employers, to fire someone based upon: actions that…

Bibliography

Cheeseman, H. (2010). Employment, Worker Protection and Immigration Laws. Business Law. (pp. 486-498). New York, NY: Pearson Education.

Cheeseman, H. (2010). Equal Opportunity in Employment. Business Law. (pp. 511 -- 527). New York, NY: Pearson Education.

Cheeseman, H. (2010). Labor Law and Collective Bargaining. Business Law. (pp. 499-510). New York, NY: Pearson Education.

Legal Rights of Students With
Words: 1644 Length: 5 Pages Document Type: Essay Paper #: 87691898
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The education of those students who do not meet the eligibility requirements remains the responsibility of general educator (bid., 66-56).

Individualized Education Program and Individualized Family Service Plan

Finally, it is time to develop the actual IEP and/or an individualized family service plan (IFSP) for infants and toddlers. There also can be an IEP for preschoolers and schoolchildren. This is also a transition component of the IEP for those students with disabilities who are 16 years or older (ibid., 66-67). The IEP is built on the intervention concept of the norm-referenced and criterion-referenced tests. This is based upon is a type of a test, assessment or evaluation that yields an estimate of the position of the tested student in a predefined population in relation respect to the trait that is being measured. The estimate is derived from the analysis of the test scores and possible other data drawn from the…

Works Cited

American recovery and reinvestment act of 2009: Idea recovery funds for services to children and youths with disabilities. (2009). Retrieved from  http://www2.ed.gov/policy/gen/leg/recovery/factsheet/idea.html  .

Gargiulo, R.M. (2006). Special education in a contemporary society: An introduction to exceptionality. Belmont, CA: Wadsworth/Thomson Learning.

Legal Psychology and Victimization
Words: 1130 Length: 3 Pages Document Type: Essay Paper #: 65337631
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The impact of the psychological profiles of the offender and victims on the court evidence presented by the prosecutor and defense teams and witness use

Psychological profiling involves developing a composition of behavioral attributes. It combines psychological and sociological review of the offender. The process of profiling is anchored on the premise that if the crime scene is analyzed carefully and accurately, there is a good chance that the type of person involved in the offence will begin to surface. Therefore, it is based on the idea that some types of people manifest certain behavior tendencies and patterns. A jury informed of such patterns, is better equipped to ascertain probale suspects (Ebisike, 2007).

Profiling driven by psychological processes has an impact on the strategies and suggestions for evidence presentation by both offenders and victims. In the offender's case, profiling suggests the most effective style of interviewing to apply when such…

Legal Implications of Steroid Use
Words: 1711 Length: 5 Pages Document Type: Term Paper Paper #: 88637779
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, 2003, p. 3).

Conclusion

The research showed that the use of various performance-enhancing substances is not new, but the controversies associated with the use of anabolic steroids, particularly by young athletes, has assumed increasing importance in recent years. More and more studies have shown that the use of these substances typically begins during the formative adolescent years, a practice that can have lifelong consequences in terms of physical problems and growth constraints. Moreover, there are profound moral and legal issues involved in the use of such performance enhancers, and while many observers might question that legality of such testing programs at the high school and collegiate level, the high incidence of use in recent years clearly indicates that more needs to be at all levels to help prevent young athletes from beginning to use these substances, and to help those who have already started to stop.

eferences

Allison, P.C.,…

References

Allison, P.C., Diacin, M.J., & Parks, J.B. (2003). Voices of male athletes on drug use, drug testing and the existing order in intercollegiate athletics. Journal of Sport Behavior, 26(1), 1.

Hill v. National Collegiate Athletic Association, 865 P. 2d 633 (1994).

NCAA. (1998, November). NCAA drug-testing protocol, 1998-99. Overland Park, KS, in Allison, Diacin, & Parks, 2003, p. 3.

Pedersen, W., & Wichstrom, L. (2001). Use of anabolic-androgenic steroids in adolescence: Winning, looking good or being bad? Journal of Studies on Alcohol, 62(1), 5.

Legal Social and Economic Environments of Business
Words: 925 Length: 3 Pages Document Type: Essay Paper #: 8714376
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New Invention

Business Environment

Legal, Social, and Economic Environments of New Product Development

There are three basic forms in which of businesses can be organized: sole proprietorships, partnerships, and corporations. There are also many different versions of each form. For example, there are many different kinds of corporations. However, based on the scenario represented for the individual who has an idea for a product a sole proprietorship would most likely represent the ideal form for the individual to get started with and if the product does turn out to be a success then they could always reorganize the business later on. Although the individual has an idea for a product that he believes will be a success he does not have a lot of capital to launch a major product development campaign. Furthermore, although the economy is recovering, the external environment is still plagued with high levels of competition and…

References

BizFilings. (N.d.). Benefits of Create an LLC. Retrieved from BizFilings:  http://www.bizfilings.com/learn/creating-llc.aspx 

IRS. (2012, December 31). Limited Liability Company (LLC). Retrieved from IRS:  http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Limited-Liability-Company -(LLC)

The Wall Street Journal. (N.d.). How to Form an LLC. Retrieved from The Wall Street Journal:  http://guides.wsj.com/small-business/starting-a-business/how-to-start-an-llc/

Legal Environment in Healthcare and Administrative Responsibility
Words: 1118 Length: 4 Pages Document Type: Term Paper Paper #: 2327677
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Healthcare -- Administration and Legal

Many vectors -- science, research funding, social acceptance or rejection -- influence how and whether medical technology is eventually adopted into medical praxis (Hogle, et al., 2012). Undergirding the choices and changes is a shared body of ethical standards and law, the establishment of which is often not consensual or efficacious. Any emerging technology can encounter unanticipated social resistance and ethical concerns that can change the course of how medical science research progresses (Hogle, et al., 2012). Medical technology often poses questions about access to expensive innovations and considerations about race, gender, and social justice that are inseparable from the socio-economic levels of patients (Hogle, et al., 2012). In contemporary society, there are the inevitable considerations about patent issues, clinical practice, and the commercialization of medical innovations (Hogle, et al., 2012). The recent court decision finding in favor of Myriad Genetics, Inc. provides a good…

References

Cho, M. (2010, November 1). Patently unpatentable: implications of the Myriad court decision on genetic diagnostics. Trends in Biotechnology, 28(11), 548-551. Retrieved http://www.cell.com/trends/biotechnology//retrieve / pii/S0167779910001411?_returnURL= http://linkinghub.elsevier.com/retrieve/pii/S0167779910001411?showall=true 

Hogle, L., Tobin, S., Gaba, D. And Yock, P. (2012). Web-Based Research Integrity Training for Biomedical Engineers and Medical Device Researchers (Public Health Service). Stanford Center for Biomedical Ethics. Palo Alto, CA: Stanford School of Medicine. Retreived  http://bioethics.stanford.edu/research  / programs/science_and_society.html

Morrison, E. (2011). Ethics in health administration: A practical approach for decision makers. (2nd ed.). Sudbury, MA: Jones and Bartlett.

Stempel, J., Steenhuysen, J., Wallace, J., Grebler, D. And Orr, B. (2012, August 16). Myriad wins gene patent ruling from U.S. appeals court. Thomson Reuters. Retrieved  http://www.reuters.com/assets/

Legal to Execute Mentally Retarded
Words: 371 Length: 1 Pages Document Type: Term Paper Paper #: 30177271
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Thus, execution of the mentally retarded is not only illegal, but immoral as well. Sue Gunawardena-Vaughn of Amnesty International wants to expand this logic to include the mentally ill, stating, "Severely mentally ill people are not the worst of the worst" (eigl 2006).

orks Cited

Hansen, Liane; Siegel, Robert. (2002 June 20). Analysis: Supreme Court rules it unconstitutional to execute mentally retarded people who've committed crimes.

All Things Considered: National Public Radio. Retrieved December 10, 2006 from HighBeam Research Library.

eigl, Andrea. (2006 November 12). Clemency sought for delusional murderer: The North Carolina inmate is part of a national debate on the executions of those with severe…

Works Cited

Hansen, Liane; Siegel, Robert. (2002 June 20). Analysis: Supreme Court rules it unconstitutional to execute mentally retarded people who've committed crimes.

All Things Considered: National Public Radio. Retrieved December 10, 2006 from HighBeam Research Library.

Weigl, Andrea. (2006 November 12). Clemency sought for delusional murderer: The North Carolina inmate is part of a national debate on the executions of those with severe mental illness. News & Observer (Raleigh, NC). Retrieved December 10, 2006 from HighBeam Research Library.

Legal and Ethical Issues
Words: 600 Length: 2 Pages Document Type: Essay Paper #: 96039140
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Nursing Ethical Issue eview

Legal and Ethical Issues

Nursing ethical issue review: The ethics of faculty misconduct

Although ethical issues have been increasingly showcased within the nursing curriculum, according to Fowler & Davis (2013), less attention has been paid to the ethical concerns which are raised within the process of nursing education itself. In a review of Cumulative Index to Nursing and Allied Health Literature (CINAHL) and PubMed databases only 10% of the nursing journal articles that were identified actually addressed ethical issues in nursing education and issues that were often discussed in more general literature on ethics in higher education, such as faculty sexual misconduct, were not addressed at all (Dowler & Davis 2013:127).

While teacher-student sexual relations are legally prohibited because of the student's age at a high school level, the question of consent becomes considerably more complex at a college level. "When sexual relationships between professors and…

References

Fowler, M. & Davis, A. (2013). Ethical issues occurring within nursing education. Nursing Ethics, 20(2) 126 -- 141.

Professor-student sexual assault. (2013). Pact5. Retrieved:

 http://pact5.org/resources/prevention-and-readiness/professor-student-sexual-assault/

legal precedent constitution religion and education
Words: 863 Length: 3 Pages Document Type: Essay Paper #: 49634620
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Original Post

Blackstone initially set the precedent, so to speak, for English common law. English common law became the foundation for American common law, which values judicial precedent over statutes. Many European countries in fact use statutes over legal precedents as the means by which to determine legality, distinguishing the Anglo-American system from others. Blackstone indicated, “that precedents and rules be followed, unless flatly absurd or unjust; for though their reason be not obvious at first view, yet we owe such a deference to former times,” something that has become so entrenched in American judicial practices that it is sometimes taken for granted. Courts of final appeal, like the Supreme Court and the supreme courts of states, will tend towards upholding status quo unless there is a clear and decisive reason why a new precedent should be established. Their decisions will be based on several factors: the merits of the…

Analysis of Murderers Alex and Derek King
Words: 1622 Length: 4 Pages Document Type: Essay Paper #: 33619072
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Criminology

Offenders: Alex and Derek King (12 and 13 when they killed their father)

Theory: Sampson and Laub's Age-Graded Theory of Informal Social Control

One basic premise of the Age-Graded criminology and informal social control theory was that, whilst experiences of childhood and personality traits are vital to comprehending behavioral stability, teenage and adulthood experiences can readdress criminal paths either more negatively or positively. Laub and Sampson discovered, particularly, that marital relationships and employment stability were a key factor in adult criminal change. With increased strength of familial and workplace bonds, deviancy and criminality in the non-delinquent control group as well as in criminals decreased. Further, Laub and Sampson looked keenly into qualitative narratives' ability to facilitate a more individual-centered life course examination. According to them, narratives of life history, together with quantitative techniques may be utilized for creating a more complete and richer image of why certain adult males…

Legal and Ethical Issues in Multi Media Uses
Words: 1025 Length: 3 Pages Document Type: Research Paper Paper #: 55884284
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Multimedia Uses

Multimedia can be taken to be the presentation of animation, sound, video, graphics as well as text through the use of computers and in a way that can largely be said to be integrated. Stamatoudi further notes that multimedia is that which brings about an integration of communication into a single medium (20). In this text, I contrast and contrast the various legal and ethical issues surrounding multimedia.

Background of Facts

henever there is a discussion of issues to do with multimedia, the internet cannot be far off. Today, the Internet has become a key tool of communication and individuals from all walks of life find it largely convenient as far as the aggregation as well as sharing of a wide range of content is concerned. However, it is increasingly becoming necessary for professionals in a wide range of fields including but not limited to journalism, accountancy as…

Works Cited

Dittmann, Jana., Stefan Katzenbeisser and Andreas Uhl. Communications and Multimedia

Security. Birkhauser, 2005

Stamatoudi, Irini A. Copyright and Multimedia Products: A Comparative Analysis.

Cambridge University Press, 2002

Legal Compliance and Law Changes in Healthcare
Words: 1956 Length: 6 Pages Document Type: Essay Paper #: 65256561
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Internal & External Forces

The author of this report is asked to answer to a number of questions relating to the forces that exert themselves on a nursing or other medical organization, the source of the forces and what effect they can have on outcomes and decision-making in a medical organization. There will be total major internal forces, two major external sources and an overall assessment of the impacts these forces can and will have on things like strategic decisions, financial solvency and so on. While most external and internal forces are not terribly impactful on future outcomes and decisions relating to medical organizations, there are some major ones like the recent Affordable Care Act and recessions that can have a major and/or detrimental impact on the organization's outcomes and its people.

Analysis

As suggested by the parameters of the assignment, one major external force relating to medical care and…

References

Abelson, R. (2011, November 16). The Smoker's Surcharge. The New York Times. Retrieved May 5, 2014, from  http://www.nytimes.com/2011/11/17/health/policy/smokers-penalized-with-health-insurance-premiums.html?pagewanted=all&_r=0 

Britt, R. (2014, May 5). Obamacare brings down uninsured rate to 13.4%, Gallup poll contends. Health Exchange RSS. Retrieved May 5, 2014, from  http://blogs.marketwatch.com/health-exchange/2014/05/05/obamacare-brings-down-uninsured-rate-to-13-4-gallup-poll-contends/ 

Healthcare.gov. (2014, May 4). Health care law rights and protections; 10 benefits for you. HealthCare.gov. Retrieved May 4, 2014, from  https://www.healthcare.gov/how-does-the-health-care-law-protect-me/

Legal Case Study Analysis
Words: 633 Length: 2 Pages Document Type: Essay Paper #: 89024760
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Fitl vs. Strek Law Case Study

Facts:

The plaintiff -- Mr. James G. Fitl -- attended a sports card and memorabilia show in San Francisco, California, where the defendant -- Mr. Mark Strek -- was operating a sales exhibit. The plaintiff elected to purchase a 1952 Mickey Mantle Topps baseball card from the defendant for a total price of $17,750, which is commensurate with the card's rarity and market value. According to the plaintiff, the defendant had represented the card to be in what is considered "near-mint condition" within the sports card industry. Upon having the card delivered to him in Omaha, Nebraska, the plaintiff secured the item in a safe-deposit box for a period of two years, upon which the plaintiff decided to send the card to Professional Sports Authenticators (PSA). ecognized as the leading authentication and grading service for sports cards, PSA is used by collectors and vendors…

References

Cao v. Nguyen No. S-98-975 (2000)

Fitl v. Strek 269 Neb. 51, 690 N.W.2d 605

Legal History
Words: 3124 Length: 11 Pages Document Type: Term Paper Paper #: 85120332
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impeachment of Samuel Chase. The writer provides an overview of what an impeachment is and how it is implemented. The writer takes the reader on an exploratory journey through the life of Samuel Chase and discusses the impeachment proceedings that he was subjected to. The writer ends the paper with the conclusion of the impeachment attempt. There were seven sources used to complete this paper.

Mention the name Monica Lewinski and it brings immediate recognition. It is the name of the intern whom then President William Jefferson Clinton had an affair with. That affair and the disclosure of the affair led to a snowball of disaster for the president that ended in an impeachment. Mention the name ichard Nixon and it brings an immediate recognition of another former president who violated public trust. He was about to face impeachment proceedings when he resigned from the presidency. These are very famous…

References

Samuel Chase (1741-1811)  http://www.mdarchives.state.md.us/msa/speccol/1545/grarem/chase.html 

Samuel Chase  http://www.altavista.com/r-ck_sm=9ac7e135&ref=100020080&uid=7703007adcaf247&r=http%3A%2F%2Fwww.rebelswithavision.com%2FSamuelChase.com%2F 

The Senate's Impeachment Role  http://www.senate.gov/learning/brief_5.html 

IMPEACHMENT

Legal and Regulatory Ramifications of Operating an E-Business
Words: 1279 Length: 3 Pages Document Type: Term Paper Paper #: 58701579
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Operating an e-Business Today

The Age of Information has created a new environment where many of the rules are still being written. Certainly, any new innovation in human activity requires a careful evaluation of the ethical considerations involved. Not since the introduction of steam engines during the Industrial evolution replaced human workers, though, has a technology appeared that had the potential to so dramatically reshape the human community and the ethical landscape in which business is conducted as e-business does today and in the future. This paper will provide an overview of e-business and its implications, an analysis of three potential ethical problems facing e-businesses today, followed by a summary of the research in the conclusion.

eview and Discussion

Background and Overview. While the World Wide Web dates back to only 1993, Americans are going online in increasingly large numbers, at home and work, today. In fact, by September 2001,…

References

Baird, R.M., Ramsower, R. & Rosenbaum, S.E. (2000). Cyberethics: Social & moral issues in the computer age. Amherst, NY: Prometheus Books.

Choudhury, P. & Cui, G. (2003). Consumer Interests and the Ethical Implications of Marketing:

A Contingency Framework. Journal of Consumer Affairs, 37(2), 364.

Mcallister, M.P. & Turow, J. (2002). New Media and the Commercial Sphere: Two

Analysis of Financial Websites
Words: 528 Length: 2 Pages Document Type: SWOT Paper #: 34089156
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RBV

Yahoo Finance: http://finance.yahoo.com/q/p?s=cpki

This site is vey useful fo helping to establish an awaeness and undestanding of Califonia Pizza Kitchen's cuent esouces, especially its financial esouces. Statistics and figues pesented on this page and pages linked to this page (also belonging to Yahoo Finance and compising futhe pages of the epot that this URL is the fist page of) give a clea undestanding of CPK's cuent assets as well as its stock valuation, which gives some indicato of the confidence that exists in the band. Company and industy oveviews ae also given that enable some degee of undestanding egading othe tangible and intangible esouces that the company possesses. Yahoo's financial and industy data is culled diectly fom company epots, pess eleases, and othe eliable souces, and thus the data and infomation found on the Yahoo Finance website is also quite eliable.

Hooves: http://www.hooves.com/califonia-pizza-kitchen/--ID__47669 -- /feeuk-co-factsheet.xhtml

Simila in many ways…

references list; though otherwise online encyclopedias -- even those that are not openly edited -- are somewhat suspect, this information can be verified with a few hours in the library and is likely quite reliable.

Analysis of Study Site Files
Words: 785 Length: 2 Pages Document Type: Essay Paper #: 42695927
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maintain complete and current study site files? Provide examples of how this documentation benefits the study and explain how it does so.

The lack of adequate, accurate and reliable source of documentation is a common finding in an investigator site inspection. It is also a commonly identified pitfall in the course of the sponsoring audits. The significance of the practice of good documentation demands emphasis on the investigator sites and towards the surety that the results of the study are a basis for the validity and credibility of the data. At a single site in question, recently, the source documents of an investigator site were unavailable due to the fact that the source machine containing the information had 'crashed'. Therefore, the evaluation of the record's adequacy was altered when availability was not a factor. The failure warning was therefore directed towards the investigator as the records to be maintained could…

References

U.S. Food and Drug Administration (2008). Information sheet guidance for sponsors, clinical investigators, and IRBs: Frequently asked questions-Statement of the Investigator (Form FDA 1572). Retrieved from  http://www.fda.gov/OHRMS/DOCKETS/98fr/FDA-2008-D-0406-gdl.pdf 

Bargaje, C. (2011). Good documentation practice in clinical research. Perspectives in Clinical Research, 2(2), 59-63.  http://doi.org/10.4103/2229-3485.80368

Analysis of Banksys Exit Through the Gift Shop
Words: 1682 Length: 4 Pages Document Type: Essay Paper #: 85791138
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Exit Through the Gift Shop (2010) anksy

Introduction to the Documentary

anksy, in his documentary 'Exit Through the Gift Shop' seeks to highlight street art and tell people the difficulties inherent in being a street artist and making a living out of it. He wanted people to know that being a street artist means maintaining a crew that was combat ready and gaining their trust through different means to maintain anonymity. The documentary looks at the emergence of street artists in Los Angeles. The friendship between anksy and Thierry Guetta, his fan, is apparent in the documentary. Guetta is fascinated by the street art in Los Angeles and followed the artists filming them to make a documentary of his own. Guetta eventually meets anksy and films his stunts of 'Guantanamo' in Disneyland precincts. The videos that he shot for years were not enjoyable, prompting anksy to describe Guetta as 'somebody…

Bibliography

Bradshaw, P. (2010, March 04). Exit Through the Gift Shop. Retrieved from The Guardian:  http://www.theguardian.com/film/2010/mar/04/exit-through-the-gift-shop-review 

DuBois, E. (n.d.). Banksy's 'Exit Through The Gift Shop': Street Art and Our Quest for Authenticity. Retrieved from Arts and Sciences Writing Program:  http://www.bu.edu/writingprogram/journal/past-issues/issue-3/dubois/ 

Leopold, S. (2010, April 08). BANKSY REVEALED? Retrieved from LA Weekly:  http://www.laweekly.com/arts/banksy-revealed-2164479 

Lowe, J. (2010, October 14). Exit Through the Gift Shop -- Film Review. Retrieved from Hollywood Reporter:  http://www.hollywoodreporter.com/review/exit-through-gift-shop-film-29192

Analysis of a Case Study
Words: 1636 Length: 5 Pages Document Type: Essay Paper #: 26915556
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Power Does Each of These Individuals, Including You, Possess on This Team?

The individuals within the team have power, which they hold, and in turn, can make a difference in their capacity to influence the rest of the team. They have different sources of power. To begin with, Harry Starker possesses legitimate power. Legitimate power originates from a person's role or position within an organization (Bal et al., 2008). Individuals act in passivity with the appeals made by the persons for the reason that they heed to the legitimacy of the position, irrespective of whether they support or of such appeals or not. In this case, Janna has a source of legitimate power by having worked for two decades within the company and understanding its history (Bauer and Erdogan, 2009). Secondly, Tanisha Downey possesses reward power. In delineation, reward power is the capability to give out a reward; for example,…

References

Bal, V., Campbell, M., Steed, J., & Meddings, K. (2008). The role of power in effective leadership. Center for Creative Leadership. Retrieved from www. ccl. org.

Bass, B. M., & Stogdill, R. M. (1990). Handbook of leadership (Vol. 11). New York: Free Press.

Bauer, T., Erdogan, B. (2009). Organizational Behavior. Flat World Knowledge, L.L.C.

Blanchard, K. H., Zigarmi, P., Zigarmi, D. (2005). Leadership and the One Minute Manager: Increasing Effectiveness through Situational Leadership. New York: Morrow.

legal and moral business
Words: 1042 Length: 3 Pages Document Type: Essay Paper #: 92042428
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Contracts Analysis Case Study

Case Overview

Marshall Petersen and his wife, Gloria, began visiting the Sunday school class being taught in Huntsville, Alabama, about six months ago. Marshall is not a Christian, but with the encouragement of his wife, who is a believer, he says he is beginning to explore the faith. This relationship eventually culminated in a business arrangement in which Marshall's small, local health food products business begins purchasing Muscadine grapes your family's produce company sells. This relationship results in a regular business arrangement with orders being placed every month. Despite often being late with the payment for the shipments, there was never any penalties or interest being charged and the prices and shipments were kept consistent.

However, a disruption in the agreement eventually manifested in which Marshall asked that the delivery person, an adolescent son, to sign a contract that guaranteed the same rates and availability of…

Works Cited

American Bar. (N.d.). Contracts and Consumer Law. Retrieved from American Bar:  http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/family/chapter_9.authcheckdam.pdf 

Vinson, C. (N.d.). Basic Law of Contracts in Georgia. Retrieved from University of Georgia:  http://www.georgialegalaid.org/resource/basic-law-of-contracts-in-georgia

Legal Mistakes Made After Enron
Words: 1798 Length: 5 Pages Document Type: Term Paper Paper #: 73788617
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Enron Ethics

The Enron/Arthur Andersen affair was perhaps the worst business and accounting scandal in the history of the United States. Indeed, Enron was engaging in a massive amount of malfeasance at all levels of the organization while Arthur Andersen, who was supposed to be an ethical and impartial third party, was at least partially in on the fraud. The circumstances were major as the power brokers for both firms paid dearly and many of the top Enron executives were convicted of crimes for their part in the fraud. Kenneth Lay only escaped sentencing because he died before the sentence could be announced. This report shall focus on some of the legal cases that happened in the aftermath of Enron including the obstruction of justice charges against Arthur Andersen and an appeal by Jeffrey Skilling, one of the convicted Enron executives. While the overall guilt of the parties involved were…

References

Abelson, Floyd. 'ENRON's COLLAPSE: THE AUDITOR; Audit Papers Usually Held For Years, Accountants Say'. Nytimes.com. N.p., 2015. Web. 21 Sept. 2015.

Carney, John. 'Why Jeff Skilling's Jail Sentence Got Downsized'. CNBC. N.p., 2013. Web. 21 Sept. 2015.

Grissom, Brandi. 'Errors In Judgment: The Consequences Of Prosecutorial Mistakes -- The Texas Tribune'. The Texas Tribune. N.p., 2015. Web. 21 Sept. 2015.

Mears, Bill. 'CNN.Com - Arthur Andersen Conviction Overturned - May 31, 2005'. Cnn.com. N.p., 2015. Web. 21 Sept. 2015.

Employment Law Is as Important as Knowledge of Criminal Law to the Security Manager

EMPLOYMENT LAW IS AS IMPOTANT AS CIMINAL LAW

The role of a security manager requires diversity; they are required to oversee a department in order to reduce theft, fraud and make sure an organization's assets are well protected. At the same time, the managers enforce the company's policy and procedures. Mostly, the managers are expected to wear their "human resources hat" to be able to understand the rights and welfare of their co-workers. This, together with the direct line reports, enables them to work within the codes of practice while maintaining a professional working relationship. Therefore, it's crucial for the security manager to generally understand the employment law, especially in those areas that directly relate to their role. The knowledge is critical whilst dealing with issues or situations that may arise with regards to other employees.…

References

Ashworth A and Redmayne M, (2010), The Criminal Process (4th ed, Oxford: OUP).

De Barnier V, (2014), "Chapter 16: Counterfeiting: The challenges for governments, companies and consumers, in Gill M, The Handbook of Security, Edition Palgrave Handbook, ISBN: 9781137323279

Hall M, (2009) Victims of Crime: Policy and Practice in Criminal Justice (Cullompton: Willan).

Herring J, (2014), CRIMINAL LAW: Text, Cases, and Materials, SIXTH EDITION, Oxford University Press

Legal Aspects of Contracts
Words: 1286 Length: 4 Pages Document Type: Case Study Paper #: 17458043
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Construction Case Study

Case Overview

Oliver Owner has decided that it would be a good investment to build a large suburban office building on some unimproved land that currently owns. However, since he does not know much about construction, he has hired a professional project manager firm, CMI, to manage the project. However, when Mr. Owner was away for personal reasons, CMI exercised its authority to select an electrical contractor from three pre-authorized contractors that were selected. When Mr. Owner returned, he accused CMI of exceeding its authority by signing a contract with the electrical firm on his behalf. Other problems also arose from the contracts related to the electrical work to be done of the suburban office project such as a request to retract a proposal as well as a misunderstanding about what the security deposit that the contractors entailed. This analysis will provide a brief background in legal…

References

CMAA. (2011). An Owner's Guide to Construction Program Management. Retrieved from CMAA Net:  http://cmaanet.org/sites/default/files/files/Owners%20Guide%20Ver%209-2011.pdf 

MacDonald. (2010, July 31). Understanding the Pros and Cons of Standard Form Construction Contracts. Retrieved from MacDonald Illig Attorneys:  http://www.macdonaldillig.com/understanding-the-pros-and-cons-of-standard-form-construction-co.html 

Procurement Notices. (2015, December 24). C.M.A.A RFP. Retrieved from Procurement Notices:  http://procurement-notices.undp.org/view_file.cfm?doc_id=71297 

The American Institute of Architects. (N.d.). Contractors. Retrieved from The American Institute of Architects:  http://www.aia.org/contractdocs/forcontractors/

Analysis of Kohl's financials
Words: 1314 Length: 5 Pages Document Type: Capstone Project Paper #: 56605915
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JC Penney Acquiring Kohl's

Kohl's Financials

Often, a firm that is taken over is struggling financially. One of the reasons is entirely pragmatic -- a struggling firm likely has a lower stock price, making the takeover more affordable. Over the past four years, Kohl's has seen its revenues flatline. evenues were $19.2 billion in FY 2016. The company's cost of goods sold is steady as well, at 63.8%. So in that sense, Kohl's is a very stable firm financially. This stability should actually mean that its stock price fairly accurately reflects the present value of future cash flows, making it difficult for the acquiring firm to earn profit from the transaction, given that they have to pay a premium to Kohl's shareholders.

The company has seen its selling, general, and administration expenses increase gradually over the past couple of years, which has resulted in shrinking operating income. The operating profit…

References

Kohl's 2015 Form 10-K. Retrieved January 17, 2017 from  http://corporate.kohls.com/investors/financial-information 

MSN Moneycentral: Kohl's (2017) Retrieved January 17, 2017 from  https://www.msn.com/en-us/money/stockdetails/financials/fi-126.1.KSS.NYS 

Vasel, K. (2016). JC Penny, Kohl's, Macy's and Sears sued over misleading prices. CNN. Retrieved January 17, 2017 from  http://money.cnn.com/2016/12/09/pf/price-scheme-jcpenney-kohls-sears-macys/

analysis of a'soccer position in turkey
Words: 3262 Length: 17 Pages Document Type: Essay Paper #: 18989124
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EDUCATION Programme

UEFA Certificate in Football Management -- The Turkish Edition

Assessment Guidelines

Each participant is expected to submit his/her assignment for Module 1, 2 & 3 by the 07.05.2017 directly to IDHEAP project manager. Participants should provide concrete evidence facts and references) to consolidate observations and assess the feasibility of the recommendations made. We emphasise the fact that these observations should be personal ones, drawn from their own assessment and not necessarily reflecting those of their institution. You are expected to write 250 words or more) for each of the questions.

Criteria for Grading Assignments

Assignment grades will be communicated three weeks after they have been submitted which will give participants ample opportunity to take into consideration the constructive feedback they have been given and use this to improve their subsequent submission. The criteria for grading are listed in the table below.

Criteria for Grading Written Assignments

Clear presentation…

(Hughen, Lulseged, & Upton, 2014)

(Gonzalez, 2014)

(Jimoh & Danlami, 2011)

Analysis of a New Story
Words: 1318 Length: 3 Pages Document Type: Essay Paper #: 31289227
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Erik Kramer Story

Erik Kramer is a man that has been surrounded by a major tragedy and has himself been majorly tragic. Between the drug-related death of his son and his attempted suicide that may or may not be tied to head trauma induced during his time in the National Football League, Erik Kramer is a man that is obviously very tortured and may not be acting under his own devices. The burning question is whether he is more like Chris Benoit in that his mind and his faculties are leaving him or if there is any hope for Kramer after the tragedy, trauma and pain he has endured for much of his life. He is a hero in the sense in that he is the only man to win an NFL playoff game for the Detroit Lions since the 1950's but so much of the rest of his life…

References

Fainaru-Wada, M., Avila, J., & Fainaru, S. (2013). Study -- Junior Seau's brain shows chronic brain damage found in other NFL football players. ESPN.com. Retrieved 5 October 2015, from  http://espn.go.com/espn/otl/story/_/id/8830344/study-junior-seau-brain-shows-chronic-brain-damage-found-other-nfl-football-players 

Nolo. (2015). Homicide: Murder and Manslaughter -- Nolo.com. Nolo.com. Retrieved 5 October 2015, from  http://www.nolo.com/legal-encyclopedia/homicide-murder-manslaughter-32637.html 

USA Today. (2015). Report: Ex-Detroit Lions QB Kramer survives apparent suicide attempt. Detroit Free Press. Retrieved 5 October 2015, from  http://www.freep.com/story/sports/nfl/lions/2015/08/20/detroit%C2%ADlions%C2%ADerik%C2%ADkramer/32043849/%

analysis of organization with different lenses
Words: 1522 Length: 5 Pages Document Type: Case Study Paper #: 35048584
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Lens One: Structural Theories

Organizational structure refers to how work activities or tasks are divided, and how relationships are established and maintained (Corlett, n.d.). Bureaucratic organizations are structured formally and may result in a pyramidal shape with the bulk of employees at the bottom with the least amount of decision-making power (Corlett, n.d.). The bureaucratic organization can also take on the image of a machine (Morgan, 1998). Morgan (1998) adds that structural theories offer precision in the design and implementation of organizational details. For example, the work of teachers is highly formalized down to the details of lesson plans and the measurable outcomes in terms of test scores. A core goal of a mechanistic, bureaucratic organization is predictability. The machine image also demonstrates the ways an organization emphasizes speed, clarity, and efficiency. Structural theories illustrate how educators participate in chains of command, and there are legal and contractual bases of…

References

Barnett, M.N. & Finnemore, M. (1999). The politics, power, and pathologies of international organizations. International Organizations 53(4): 699-732.

Boyne, G.A. & Meier, K.J. (2009). Environmental turbulence, organizational stability, and public service performance. Administration and Society 40(8): 799-824.

Corlett, J. (n.d.). Systems theory applied to organizations. Retrieved online:  http://warrington.ufl.edu/centers/purc/purcdocs/papers/0018_corlett_systems_theory_applied.pdf 

Kramer, R.M. & Neale, M.A. (1998). Power and influence in organizations. Stanford Business. Retrieved online:  https://www.gsb.stanford.edu/faculty-research/books/power-influence-organizations

Gilbert Law's Legal Writing Research
Words: 1593 Length: 5 Pages Document Type: Thesis Paper #: 21760968
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After reading the Gilbert Law Summary on legal writing and research, a law student would be much better prepared to begin his or her educational career in research and analysis. As previously stated, the student should feel more adequate to tackle the research portion of any legal project, but the actual writing and analysis would need further development as only actual experience may provide. Honigsberg's introduction into the vast world of legal study should help pave the way for a better knowledge of what exactly is entailed in researching the law. His outline source should be used as a basic guideline for organizing a study of legal cases, and is a must for any student's law collection. The definitions and insight into the U.S. legal system provided by Honigsberg should make the research process a little easier to understand. As most researchers know, finding a place to begin when there…

Prevailing Legal Theory in the United States Today
Words: 802 Length: 2 Pages Document Type: Research Paper Paper #: 71697103
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Prevailing Legal Theory in the United States Today

Common legal theories in the United States today

The most commonly-espoused legal theories in the media today are those of 'strict construction' and 'broad construction' (otherwise known as 'judicial activism.') Strict construction, according to its adherents, means strictly adhering to the 'letter of the law' and strictly interpreting the Constitution according to the original intent of the authors of the document. Strict construction uses a "literal and narrow definition of the language without reference to the differences in conditions when the Constitution was written and modern conditions, inventions and societal changes" (Sollum 2009). Strict construction interpreters have been highly critical of decisions such as Brown v. Board of Education, which examined evidence of the psychological impact of segregation upon young, African-American children and oe v. Wade, which created a test of viability for the fetus while protecting women's absolute right to choose…

References

Carmona, Ana Julia Bozo. (1999). Toward a postmodern theory of law. Paideia project.

Retrieved May 24, 2011 at  http://www.bu.edu/wcp/Papers/Law/LawBozo.htm 

Jones, Jeffrey. (2009). Americans in agreement with Supreme Court on gun rights. Gallup.

Retrieved May 24, 2011 at  http://www.gallup.com/poll/108394/Americans-Agreement-Supreme-Court-Gun-Rights.aspx

Psychotherapies if Rape Were Legal This Is
Words: 1296 Length: 5 Pages Document Type: Term Paper Paper #: 10364136
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Psychotherapies

If ape were legal

This is a story about a cancer patient who objectifies women and his life changes drastically for the better after his therapist takes an aggressive stance in one of the personal therapy sessions after a disturbing incident in his group therapy session. This paper reviews the relationship between the patient and the therapist by analyzing their dynamic through the following psychotherapies: Dynamic, Person-Centered, EBT and Alderian.

Dynamic

Psychodynamic psychologists research human habits by trying to find the unseen meanings in things that individuals think, do or state. This needs them to collect huge quantities of qualitative information about individuals, which is typically done with using the specific case-study technique. The topic of the case history is typically an individual who is dealing with a mental ailment and who is being treated with psychoanalysis. The professional gathers details from things the individual states or finishes treatment…

References

Gergen, K.J. (1999). An invitation to social construction. Thousand Oaks, CA: Sage.

Korobov, N. (2000). Social constructionist 'theory hope': The impasse from theory to practice. Culture and Psychology, 6, 365-373.

Martin, J., & Sugarman, J. (1997). The social-cognitive construction of psychotherapeutic change: Bridging social constructionism and cognitive constructivism. Review of General Psychology, 1, 375-378.

Sammons, A. (2007). Psychodynamic approach: the basics. Psychodynamic Psychology.

Multivalent Nature of Legal Traditions
Words: 2137 Length: 8 Pages Document Type: Assessment Paper #: 9479875
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Two valuable sources of information do exist:

The first one does fall within the conflicting traditions themselves. They are never useful in the solving of the disputes by invoking worldly views. They are indeed a complex set of legal traditions since they do succeed in the reconciliation of otherwise different theoretical views. The second source of information is facts. Multivalence is an important factor in the explanation of the various contemporary issues that affect our complex societies. A society that consists of different groups of people who have multiple legal claims. There are also various legal traditions as well as identities that do overlap in extremely close proximity. There are also several conflicting principles. The conflicting principles do lead to a general weakening of the state legal system. The multivalent though does provide a way of reconciling the various legal traditions, family law, succession and potential status in a way…

References

Anton, D.J. (1995).Diversity, globalization, and the ways of nature. Ottawa, on, IDRC. xi + 223 p.: ill.

Kosko, B (1993), Fuzzy Thinking: The New Science of Fuzzy Logic.New York, Hyperion

Halpin, a (2006)"Glenn's Legal Traditions of the World: Some Broader Philosophical Issues'. (1) Journal of Comparative Law 116

Nguyen, M (2009.The Myth of "Lucky" Patent Verdicts: Improving the Quality of Appellate

Walmart Internal an Internal Analysis of the
Words: 1799 Length: 7 Pages Document Type: Essay Paper #: 50951804
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almart Internal

An Internal Analysis of the al-Mart Corporation

The al-Mart Corporation is among the most successful, recognizable and notorious brand names. The chain of retail stores is associated with low prices, convenient one-stop shopping and geographically permeating accessibility. However, the retail chain is also frequently associated with a poor record on labor rights, negative performance in environmental categories, destructive community orientation, abuse of human rights in its developing sphere production operations, distribution of low-grade products and a general strategy of stifling local business enterprises and devastating local economies. The result is a relative mixed outlook for al-Mart, which will certainly continue to enjoy some level of dominance in the U.S. And global retail markets but which must also work to make internal organizational changes that can improve its reputation and its compliance with expectations regarding the environment, human rights, labor and community citizenship. The internal analysis conducted here below…

Works Cited:

Banker, S. (2010). The Walmart Sustainability Value Chain. Logistics Viewpoints.

Blanchard, C. (2008). Adding Value to Service Providers: Benchmarking Wal-Mart. Benchmarking: An International Journal, 15(2), 166-177.

Chandran, P.M. (2003). Wal-Mart's Supply Chain Management Practices. ICFAI Center for Management Research.

Gogoi, P. (2008). Wal-Mart Supplier Accused of Sweatshop Conditions. BusinessWeek.

PESTLE Analysis Macdonald's Step Analysis Technological Economic
Words: 1719 Length: 6 Pages Document Type: Essay Paper #: 17190169
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PESTLE analysis?

MacDonald's STEP analysis

Technological

Economic

In this paper, we explore the concept of STEP analysis by means of illustration. We perform an elaborate STEP analysis of McDonald's, the world's fast food giant. This is then followed by a recommendation on what actions McDonald's can do in order to take care of the issues that have been exposed via the STEPanalysis.

McDonald's is a food and beverage franchise that by 2001 boasted of close to 28,700 outlets spread in 120 nations Karen,2005). The company's food outlets are very popular among the youth. It offers an environment which is perceived to be safe for families as they can enjoy quality food at an affordable price in a clean environment. The food chain offers its client a familiar environment that is characterized by a McDonald's clown as well as stunning interior worldwide as pointed out by Debres (2005). The company has…

References

Aswathappa, A (2006): International Business: Tata McGraw-Hill: p, 226

Barriaux, M (2007).McDonald's goes green - but not all customers are lovin' it. The Guardian

Greider, W (2003): Victory at McDonald's: The Nation: 277 (5): p, 8

Daniels, K (2010). PESTLE analysis  http://www.cipd.co.uk/hr-resources/factsheets/pestle-analysis.aspx

Abortion Discuss the Legal and Ethical Issues
Words: 1160 Length: 4 Pages Document Type: Research Paper Paper #: 32635388
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bortion

Discuss the legal and ethical issues involved in Roe v. Wade

With the advent of 70's and particularly, aftermath of the decision of the Supreme Court in Roe v. Wade during 1973, abortion policy has become a controversial issue in the merican politics. (Levine; Staiger; Kane; Zimmerman, 1996) The decision in Roe v. Wade reinforced the right of women to privacy with regard to her own body, incorporating the termination of pregnancy. (Pozga, 2010) Roe v. Wade delineated more specifically the rights of fetus as well as the mother on the basis of the magnitude of viability. (Killion; Dempski, 2000)

The decision in Roe v. Wade which accorded constitutional protection to abortion, which voided the state laws which banned it, was a decision which had several legal and ethical concerns. This verdict in Roe v. Wade damaged the cornerstone of the ethical principles against the issue of killing. The…

An ultrasound neither informs legally nor medically -- irrespective of that, it notifies them aesthetically. Women are compelled to view at an image of a fetus; however, the woman who desire to abort already has prior knowledge of the ultrasound image of fetus. Additionally, there is the concern for ultrasound prices. As per the law the patient is expected to take the burden of the compelling procedure. The law entails a fine of $2,500 for not complying with the legal necessities. Such incorporation of ultrasound is visualized as a method to financially dissuade women for resorting to a legal medical procedure. Irrespective of the ethical issues of the abortion the government is not expected to emphasize moral issues on its citizen legally. This law on this ground is regarded as appalling & the offensive government encroachment that is framed to embarrass women desiring to avail legal healthcare. (Fox, 2012)

Such laws pertaining to necessities of ultrasound for abortion is lacking in significant arenas and is not the most successful methods to insure that an abortion thinking mother gets advantages from the powerful influence of ultrasound. Particularly, all of these laws need that some ultrasound information be accorded to the woman from the doctor who is attending the woman. The attending doctor definitely desires that the women must select the option for abortion since the doctor will be paid for abortion. It is pertinent that any need that this person offer ultrasound information would be distorted and skewed by the attending doctor to persuade the mother to abort her baby. Secondly the limitation of the law is that it compels a mother to attain information that she does not require. This imposes problematic public relations. (Glessner, 2012)

An analysis of several laws enacted reveal that they are insufficient in assuring that a woman desirous of undergoing abortion will really view an ultrasound image of her child. Some of these laws simply necessitate that woman be told of

International Legal and Ethical Issues Simulation Summary
Words: 997 Length: 3 Pages Document Type: Essay Paper #: 21020919
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International Legal and Ethical Issues Simulation Summary

George Egloria

Thane Messinger

Addressing International Legal and Ethical Issues Simulation Summary

Issues involved

In jurisdictions where the assets or shares of the transactions are located, a local counsel will be a mandatory prerequisite. In addition, it is likely to engage the local counsel in the seller's jurisdiction. The process of selecting the appropriate company to collaborate with is important. Apart from competence, issues like commitment, trust, and confidentiality are crucial. It is also important for the local counsel to clear conflicts. Counsels must ensure that they are aware of the laws in every jurisdiction. This will make it easy for them to observe all the ethical structures of the local and international laws (Halbert & Ingulli, 2012). They should be aware of possible changes at all times and confidentiality agreements are important in such situations. This request is fair on the ground…

References

Halbert, T., & Ingulli, E. (2012). Law & ethics in the business environment. Mason, OH: South-Western Cengage Learning.

Hoffman, W.M. (2008). Emerging global business ethics: From the Ninth Conference on Business Ethics. Westport, Conn: Quorum Books.

Horn, N. & Norton, J.J. (2000). Non-Judicial Dispute Settlement in International Financial

Transactions. Westport, Conn: Kluwer Law International